In a blatant example of “do as I say, not as I do,” the US government is profiting handsomely by accepting marijuana cash in the payment of taxes while imposing huge penalties on banks for accepting it as deposits. Onerous reporting requirements are driving small local banks to sell out to Wall Street. Congress needs to harmonize federal with state law.

Under federal law, however, marijuana remains a Schedule I Controlled Substance – a “deadly dangerous drug with no medical use and high potential for abuse” – and its possession remains a punishable offense. On the presidential campaign trail, Donald Trump said the issue of marijuana legalization “should be up to the states,” continuing the “hands off” policy established under President Obama. Under the 2013 Cole Memorandum, the Department of Justice said it would not prosecute individuals and companies complying with robust and well-enforced state legalization programs. But on January 4th, Attorney General Jeff Sessions rescinded that memo and gave federal prosecutors the authority to pursue marijuana cases at their own discretion, even in places where the herb is legal under state law. The action has made banks even more afraid to take marijuana cash, which can be prosecuted as illegal “money laundering,” an offense that can incur stiff criminal penalties.

Money laundering is generally understood to be the practice of taking ill-gotten gains and moving them through a sequence of bank accounts so they ultimately look like the profits from legitimate activity. Institutions, individuals, and even governments who are believed to be aiding and abetting the practice of money laundering can be indicted and convicted, even though they may be completely unaware that the money being transferred with their help was of criminal origin.

The law has focused on banks, but all sorts of businesses accept money without asking where it came from or being required to report “suspicious activity.” As Rahm observes, even governments can be indicted and convicted for money laundering. Strictly construed (as Attorney General Sessions insists when interpreting the law), that means the US government itself could be indicted. In fact the US government is the largest launderer of marijuana cash in the nation. The IRS accepts this tainted money in the payment of taxes, turning it into “clean” money; and it is not an unwitting accomplice to the crime. Estimates are that marijuana business owners across the U.S. will owe $2.8 billion in taxes to the federal government in 2018. The government makes a massive profit off the deal, snatching up to 70 percent of the proceeds of the reporting businesses, as opposed to the more typical rate of 30 percent. It does this by branding marijuana businesses criminal enterprises which are not entitled to deduct their costs when reporting their income. This is not only a clear case of the unequal protection of the laws but is a clear admission by the government that it is knowingly accepting illegal funds. The government is a principal beneficiary of a business the government itself has made illegal.

Under those circumstances, both marijuana businesses and banks should be able to raise the “unclean hands” defense. As summarized inKendall-Jackson Winery, Ltd. v. Superior Court (1999), 76 Cal.App.4th 970, 978-79:

The defense of unclean hands arises from the maxim, “He who comes into Equity must come with clean hands.” The doctrine demands that a plaintiff act fairly in the matter for which he seeks a remedy. . . . The defense is available in legal as well as equitable actions. . . . The doctrine promotes justice by making a plaintiff answer for his own misconduct in the action. It prevents a wrongdoer from enjoying the fruits of his transgression.

The government is enjoying the fruits of money it considers “dirty.” It has unclean hands, a defense against prosecuting others for the same crime.

Should “Money Laundering” Even Be a Crime?

In an article titled “Why the War on Money Laundering Should Be Aborted,” Dr. Rahn asks whether money laundering should even be a crime. It became a criminal activity in the US only in 1986, and in many countries it still is not a crime. Banks operating in the US must now collect and verify customer-provided information, check names of customers against lists of known or suspected terrorists, determine risk levels posed by customers, and report suspicious persons, organizations and transactions. The reporting requirements are so burdensome and expensive that they have caused many smaller banks to sell out to larger banks or close their doors. According to Dr. Rahn:

[I]t has failed to produce the advertised results and, in fact, has not been cost effective, has resulted in wholesale violations of individual civil liberties (including privacy rights), has violated the rights of sovereign governments and peoples, has created new opportunities for criminal activity, and has actually lessened our ability to reduce crime.

. . . Banks are required to supply the government with not only Currency Transaction Reports but also Suspicious Activity Reports. These reports impose huge regulatory costs on banks and require bank employees to operate as police officers. As a result, the total public and private sector costs greatly exceed $10,000,000 per conviction. This whole effort not only does not make any economic sense, but is clearly incompatible with a free society. The anti-money laundering laws allow almost complete prosecutorial discretion.

One small banker complained that banks have been turned into spies secretly reporting to the federal government. If they fail to comply, they can face stiff enforcement actions, whether or not actual money-laundering crimes are alleged. In 2010, one small New Jersey bank pleaded guilty to conspiracy to violate the Bank Secrecy Act and was fined $5 million for failure to file suspicious-activity and cash-transaction reports. Another small New Jersey bank closed its doors after it was hit with $8 million in fines over its inadequate monitoring policies. The cost of compliance and threat of massive fines for not complying have been major factors in the collapse of the community banking sector. The number of community banks has fallen by 40 percent since 1994 and their share of U.S. banking assets has fallen by more than half, from 41 percent to 18 percent.

“Regulation is killing community banks,” Treasury Secretary Stephen Mnuchin said at his confirmation hearing in January 2017. If the process is not reversed, he warned, we could “end up in a world where we have four big banks in this country.” That would be bad for both jobs and the economy. “I think that we all appreciate the engine of growth is with small and medium-sized businesses,” said Mnuchin. “We’re losing the ability for small and medium-sized banks to make good loans to small and medium-sized businesses in the community, where they understand those credit risks better than anybody else.”

If the goal of the anti-money laundering statutes is to identify and deter criminal activity, strictly enforcing the law could actually backfire in the case of state-legalized marijuana businesses. As noted in a January 9 article in The Daily Beast:

Marijuana businesses have to register and incorporate in states and that puts them on the IRS radar. . . . Sky-high federal taxes on top of state taxes can make it almost impossible to operate a legal business. . . . If the government fails to cut businesses a break, legal marijuana could be sold on the black market to dodge taxes.

On the black market, cash proceeds can be dispersed in a way that avoids banks and makes the money hard either to trace or to tax.

Federal Law Needs to Be Changed

With more than half the states legalizing marijuana for medical purposes, Congress needs to acknowledge the will of the people and remove this natural herb from the Schedule I classification that says it is a deadly dangerous drug with no health benefits. The Tenth Amendment gives the federal government only those powers specifically enumerated in the Constitution, and regulating medical practice is not one of them. Federal courts have held that the federal Controlled Substances Act does not allow the federal government to usurp states’ exclusive rights (pursuant to their inherent police powers) to regulate the practice of medicine.

H.R. 1227, the Ending Federal Marijuana Prohibition Act, sponsored by Virginia Republican Thomas Garrett and 15 cosponsors, would remove marijuana from Schedule I and eliminate federal penalties for anyone engaged in marijuana activity in a state where it is legal. Congress just needs to pass it.

In its zeal for eliminating burdensome, costly and ineffective regulations, the Trump administration might also consider lightening the heavy reporting burden that is killing community banks and the local businesses that have traditionally relied on them for affordable credit. On Tuesday, January 16th, a bipartisan coalition of state attorneys general sent a letter to leaders in Congress requesting advancement of legislation such as the Secure and Fair Enforcement (SAFE) Banking Act to “provide a safe harbor” for banks that provide financial products or services to state-legal marijuana businesses. If the government can accept marijuana money in the payment of taxes, banks should be able to accept it to keep track of it and prevent the crimes associated with storing and transporting large sums of cash.

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Henry Ford made a car and ran it out of pure CANNABIS, both strains Indica and Sativa. Those are the ONLY true flat fact in the definition of the LAW, or it should be. When WWII was going the US Federal Government DOD (of all levels to ask/order) that farmers plant Cannabis Idica – the male of the species aka HEMP as the colloquial name they use in the laws like Marijuana. It is a in the Scientific world of plants; it’s a “weed” type of plant.
Imagine if when cars wrecked the bends didn’t buckle but the air bags would cushion the blow.
It also was used for fabric, our ‘Founding Fathers’ grew it a;; the way until 1917; when Prohibition ended did it become illegal.
Cannabis Oil can cure caner; if ANY type; with minor oral application. Rick Simpson proved this with 12 different Cancer patients; 6 different Doctors from 6 different Hospitals on people who had gone through EVERY single type of cure LEGALLY available; but finally told nothing left to do but go home and die.His Cannabis Oil cured ALL 12 Patients to the disbelief of the Doctors and Hospitals’ but those people backed his plea all the way to Canadian Supreme Court, which refused to even hear the case. I hear Mr. Simpson is still alive living in Norway.
Cannabis is used for thousands of things, and the USA Deceleration of Independence was written on Cannabis paper. How many trees are we clear cutting for paper, wood, fiber products products that Cannabis is better, cheaper, cleaner, easier to work worth, vastly renewable and vastly longer lasting and stronger bonds that any other product used alone.
President Trump need to do an Executive Order to make it a common commodity that is regulated and taxed and the 30% level same as every other product produced.
Good article, Good Work from a caring human I can feel; and please keep up the fight for Flat Fact Brutal Truth for our Human Species “Consensus Reality”. Because it is such a powerful thing that leads humanity down the wrong path to the right way to survive as a species; and to live and prosper together as long as possible.
MycommonsenseParty.com secured server and a New 21st Century Declaration of Independence .com

If there is any justice in this country, Cannabis will be removed from Schedule 1 and given its rightful place in herbal medicine. Let’s just accept that the Pharmaceutical Industry is probably heavily lobbying that it stays on Schedule 1 so that it doesn’t disturb their monopoly on effective medicines. Thank you for your excellent reporting and education.

One only has to read front pages, MeanStream Media lost or stuck in a fantasy “Consensus World View” than most of us are NOT a part of. “Russia Probe up their arshole” n FBI in dire straights at the top; Clinton Clown Criminals are so scared adult diapers worn at all times. I think this is the year the “MACHINE” FRACKS-UP and a good year for civil action.

34 States; all that is required, for congress MUST then hold a Constitutional Convention. It should at least be on the 2018 Ballot Box as a yes or no to gather one. NYS’ effort was money-jacked by the 1% with constant ads. Now States are NOT enforcing Federal law with illegal immigrants,
Democracks will to shut down the government leaving soldier families with NO PAY; so some kids their parents dragged ILLEGALLY into the USA are more important than the soldiers who are protecting American Political Hacks, and those ILLEGAL people in USA
.
But Cannabis has always been used throughout human history and to say it is “gateway drub” is like saying Root Beer is the “gateway” to real beer, then whisky, gin booze, n finally prison booze.

Or that Cannabis is as bad as Heroin, and other nasty drugs crack, cocaine, LSD, PSP etc That statement has NO basis in Science Flat Fact, nor in Law Enforcement Records. The time Cannabis is mentioned there was also alcohol involved in some aspect of the issue.

He’s a big fat liar, as he has shown with his many broken promises — build a wall, drain the swamp, “friends with Russia”, prosecute Hillary, no amnesty, repeal and replace Obongocare, immediately deport criminal illegals, NATO is obsolete, no more “democracy building” wars, America first.

[…] federal prohibition also represents a little windfall for the US Treasury, as Ellen Brown points out in this post on the Web of Debt blog. Businesses that are legal at all levels of government are allowed to […]

948. May 17, Interview on Al Jazeera, in which Ellen Brown gives her critique of President Trump’s approach to infrastructure. Part of coverage of the U.S. Chamber of Commerce’s “Infrastructure Week”. Watch it here.

947. May 13, Bring On the Power of a Public Bank for CA: People’s Forum, L.A., 3 pm. Info here. At the beautiful PUENTE Learning Center DTLA in Boyle Heights: https://www.puente.org/locations/

946. May 2, presentation, The Web of Debt and the Deep State: How do we break Free? Info here.